1-1 AN ACT
1-2 relating to estimates of, and delinquent assessments for,
1-3 maintenance and operating expenses in certain water districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 51.304, 51.310, and 51.313, Water Code,
1-6 are amended to read as follows:
1-7 Sec. 51.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
1-8 EXPENSES. The board, on or as soon as practicable after a date
1-9 fixed by standing order of the board, shall estimate the expenses
1-10 of maintaining and operating the irrigation system for the next 12
1-11 months. The board may change the 12-month period for which it
1-12 estimates the expenses of maintaining and operating the irrigation
1-13 system by estimating such expenses for a shorter period so as to
1-14 adjust to a new fixed date and thereafter estimating the expenses
1-15 for 12-month periods following the adjusted fixed date.
1-16 Sec. 51.310. LIST OF DELINQUENT ASSESSMENTS. Assessments
1-17 not paid when due shall become delinquent on the first day of the
1-18 month following the date payment [Within 10 days after any
1-19 assessment] is due, and the board shall post in a public place in
1-20 the district a list of all persons who are delinquent in paying
1-21 their assessments and shall keep posted a correct list of all
1-22 persons who are delinquent in paying assessments. If a person who
1-23 owes an assessment has executed a note and contract as provided in
1-24 Section 51.302 of this code, he shall not be placed on the
2-1 delinquent list until after the maturity of the note and contract.
2-2 Sec. 51.313. INTEREST AND COLLECTION FEES. (a) All
2-3 assessments shall bear interest from the date payment is due at the
2-4 rate of 15 percent a year. Assessments not paid by the first day
2-5 of the month following the date payment is due shall become
2-6 delinquent, and a penalty of up to 15 percent of the amount of the
2-7 past-due assessment shall be added to the amount due.
2-8 (b) If suit is filed to foreclose a lien on crops or if a
2-9 delinquent assessment is collected by an attorney before or after
2-10 suit [any legal proceeding], an additional amount of 15 percent on
2-11 the unpaid assessment, penalty, [principal] and interest shall be
2-12 added as collection or attorney's fees.
2-13 SECTION 2. Sections 55.352, 55.360, and 55.363, Water Code,
2-14 are amended to read as follows:
2-15 Sec. 55.352. BOARD'S ESTIMATE OF [ASSESSMENTS FOR]
2-16 MAINTENANCE AND OPERATING EXPENSES. The board, on or as soon as
2-17 practicable after a date fixed by standing order of the board,
2-18 shall estimate the expenses of maintaining and operating the
2-19 irrigation system for the next 12 months. The board may change the
2-20 12-month period for which it estimates the expenses of maintaining
2-21 and operating the irrigation system by estimating such expenses for
2-22 a shorter period so as to adjust to a new fixed date and thereafter
2-23 estimating the expenses for 12-month periods following the adjusted
2-24 fixed date.
2-25 Sec. 55.360. List of Delinquent Assessments. Assessments
2-26 not paid when due shall become delinquent on the first day of the
2-27 month following the date payment [Within 10 days after any
3-1 assessment] is due, and the board shall post in a public place in
3-2 the district a list of all persons who are delinquent in paying
3-3 their assessments and shall keep posted a correct list of all
3-4 delinquent assessments. If persons who owe assessments have
3-5 executed notes and contracts as provided in Section 55.358 of this
3-6 code, they shall not be placed on the delinquent list until after
3-7 the maturity of the notes and contracts.
3-8 Sec. 55.363. Interest and Collection Fees. (a) All
3-9 assessments shall bear interest from the date payment is due at the
3-10 rate of 15 [10] percent a year. Assessments not paid by the first
3-11 day of the month following the date payment is due shall become
3-12 delinquent, and a penalty of up to 15 percent of the amount of the
3-13 past-due assessment shall be added to the amount due.
3-14 (b) If suit is filed to foreclose a lien on crops or if a
3-15 delinquent assessment is collected by an attorney before or after
3-16 suit [any legal proceeding], an additional amount of 15 [10]
3-17 percent on the unpaid assessment, penalty, [principal] and interest
3-18 shall be added as collection or attorney's fees.
3-19 SECTION 3. Sections 58.304, 58.310, and 58.313, Water Code,
3-20 are amended to read as follows:
3-21 Sec. 58.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
3-22 [OPERATION] EXPENSES. The board, on or as soon as practicable
3-23 after a date fixed by standing order of the board, shall estimate
3-24 the expenses of maintaining and operating the irrigation system for
3-25 the next 12 months. The board may change the 12-month period for
3-26 which it estimates the expenses of maintaining and operating the
3-27 irrigation system by estimating such expenses for a shorter period
4-1 so as to adjust to a new fixed date and thereafter estimating the
4-2 expenses for 12-month periods following the adjusted fixed date.
4-3 Sec. 58.310. List of Delinquent Assessments. Assessments
4-4 not paid when due shall become delinquent on the first day of the
4-5 month following the date payment [Within 10 days after any
4-6 assessment] is due, and the board shall post in a public place in
4-7 the district a list of all persons who are delinquent in paying
4-8 their assessments and shall keep posted a correct list of all
4-9 persons who are delinquent in paying assessments. If a person who
4-10 owes an assessment has executed a note and contract as provided in
4-11 Section 58.302 of this code, he shall not be placed on the
4-12 delinquent list until after the maturity of the note and contract.
4-13 Sec. 58.313. Interest and Collection Fees. (a) All
4-14 assessments shall bear interest from the date payment is due at the
4-15 rate of 15 [10] percent a year. Assessments not paid by the first
4-16 day of the month following the date payment is due shall become
4-17 delinquent, and a penalty of up to 15 percent of the amount of the
4-18 past-due assessment shall be added to the amount due.
4-19 (b) If suit is filed to foreclose a lien on crops or if a
4-20 delinquent assessment is collected by an attorney before or after
4-21 suit [any legal proceeding], an additional amount of 15 [10]
4-22 percent on the unpaid assessment, penalty, [principal] and interest
4-23 shall be added as collection or attorney's fees.
4-24 SECTION 4. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2689 was passed by the House on April
18, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2689 was passed by the Senate on May
22, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor